Decision No. 39-A-2002

January 24, 2002

January 24, 2002

APPLICATION by Martinair Holland N.V. pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, for authority to operate to/from Toronto, Ontario, Calgary and Edmonton, Alberta and Vancouver, British Columbia, while providing its scheduled international passenger services between Canada and the Netherlands for the period from April 15, 2002 to October 24, 2002.

File No. M4212/M22-3-1

Docket No. 011288AG


APPLICATION

Martinair Holland N.V. (hereinafter Martinair) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the authority set out in the title. The application was received on November 20, 2001.

Under Licence No. 975115, Martinair is authorized to operate a scheduled international service between the Netherlands and Canada in accordance with the Agreement between the Government of the Kingdom of the Netherlands and the Government of Canada relating to Air Transport signed on June 2, 1989 (hereinafter the Agreement).

Condition No. 1 of Licence No. 975115 states:

The Licensee is authorized to operate the Route A.1) set out in the Agreement.

Condition No. 2 of Licence No. 975115 states:

The operation of the scheduled international service authorized herein shall be conducted subject to the provisions of the Agreement and to any applicable arrangements as may be agreed to between Canada and the Kingdom of the Netherlands.

Note 6 of the Route Schedule of the Agreement provides that the second designated airline of the Netherlands is limited to operating to/from two of the Canadian points named in the Route Schedule.

Martinair proposes to operate scheduled international passenger services between Amsterdam and Toronto, Calgary, Edmonton and Vancouver. Pursuant to the Agreement, Martinair, as the second designated airline for the Netherlands, is permitted to operate to/from only two of the Canadian points named in the Route Schedule annexed to the Agreement. Currently, the points in Canada named in the Route Schedule are Halifax, Montréal, Ottawa, Toronto, Calgary and Vancouver. Edmonton is not a point named in that Agreement.

Martinair states that it wishes to continue the same seasonal type of operations that it has conducted to and from Canada for numerous years as a charter operator and that the Agency authorized it to conduct as a scheduled carrier for the first year during the summer 2001. Martinair also points out that it is the only carrier providing direct air service between Edmonton and Amsterdam.

Due to the extra-bilateral nature of Martinair's requested authority, notice of the application was given to interested parties on December 10, 2001.

The Edmonton Regional Airports Authority intervened in support of Martinair's application. No other responses were received.

ISSUE

The issue to be addressed is whether to allow Martinair to operate scheduled international passenger services to/from more than two points in Canada and whether to include Edmonton as a point to be served.

ANALYSIS AND FINDINGS

The Agency may grant temporary authority pursuant to subsection 78(2) of the Canada Transportation Act (hereinafter the CTA) for a service which is not permitted in a bilateral air transport agreement.

The Agency has reviewed and considered the application and the intervention filed by the Edmonton Regional Airports Authority in support of Martinair's application and notes that Martinair has served for many years the proposed points under a non-scheduled international licence authority and that, last year, it was permitted by the Agency to operate the said services under a scheduled international licence authority. The Agency is therefore of the opinion that granting Martinair's application would benefit the travelling public.

CONCLUSION

Accordingly, pursuant to subsection 78(2) of the CTA, the Agency hereby varies Conditions Nos. 1 and 2 of Licence No. 975115 in order to authorize Martinair to operate scheduled international passenger services between Amsterdam and Toronto and Amsterdam and/or Calgary and/or Edmonton and/or Vancouver, from April 15, 2002 until October 24, 2002 subject to the following condition:

No local traffic may be carried between points in Canada.

In all other respects, the service shall be operated in accordance with the Agreement and any applicable arrangements as may be agreed to between Canada and the Kingdom of the Netherlands.

This Decision shall form part of Licence No. 975115 and shall remain affixed thereto as long as the said Decision is in force.

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